Opinion
2d Crim. B309458
11-08-2021
THE PEOPLE, Plaintiff and Respondent, v. REFUGIO RUVALCABA, Defendant and Appellant.
Adrian Dresel-Velasquez, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
Superior Court County of Ventura No. 2017001950 Derek Malan, Judge
Adrian Dresel-Velasquez, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
PERREN, J.
Refugio Ruvalcaba appeals following the revocation of his probation and the execution of a previously-imposed sentence. In 2017, appellant pleaded guilty to inflicting corporal injury on a former cohabitant (Pen. Code, § 273.5, subd. (a)), exhibiting a deadly weapon (§ 417, subd. (a)(1)), and child endangerment (§ 273a, subd. (b)). The trial court placed him on four years of probation with terms and conditions including that he serve 545 days in county jail, which was deemed served. In April 2019, appellant admitted violating his probation and probation was revoked and reinstated with terms and conditions including that he serve 75 days in jail.
All statutory references are to the Penal Code unless otherwise stated.
In July 2019, appellant admitted another violation of his probation. The court imposed a four-year state prison sentence on the corporal injury offense, suspended execution of that sentence, and reinstated probation. In doing so, the court made clear that appellant would be sent to prison if he violated probation again. In October 2020, appellant admitted violating his probation for a third time. The court revoked probation and ordered execution of the previously-imposed four-year prison sentence.
We appointed counsel to represent appellant in this appeal. After examining the record, counsel filed a brief raising no issues. We subsequently advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider.
Appellant filed a timely response in which he claims he is not guilty of the corporal infliction of injury offense to which he pleaded guilty. Appellant, however, never moved to withdraw his guilty plea in the trial court, nor did he appeal from the judgment entered pursuant to that plea or seek a certificate of probable cause under section 1237.5. Moreover, his notice of appeal states that the appeal "asserts sentencing error only and does not appeal the underlying admission of probation." Because the court revoked and terminated probation, it was "require[d to order] execution of the existing [four-year] sentence, exactly as imposed. [Citation.]" (People v. Kelly (2013) 215 Cal.App.4th 297, 302.)
We have reviewed the entire record and are satisfied that appellant's counsel has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgments are affirmed.
We concur: GILBERT, P.J., TANGEMAN, J.